ChanRobles Virtual law Library

chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

cralaw_scresolutions_separator.NHAD

[A.M. No. P-01-1491. September 17, 2003]

Marbas-Vizcarra vs. Soriano

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 17 2003.

A.M. No. P-01-1491 (Judge Eleanor Teodora Marbas-Vizcarra vs. Princesito Soriano, Process Server, Municipal Trial court, Mu�oz, Nueva Ecija.)

On June 25, 2003, this Court ordered the reinstatement of the respondent to his position as process server of Municipal Trial Court, Mu�oz, Nueva Ecija considering that he had been under preventive suspension for nineteen (19) months, which is beyond the six months' suspension without pay imposed on him for gross discourtesy.

Respondent reported for work on June 26, 2003 [1] cralaw and was reinstated.

On July 30, 2003, respondent sent a letter addressed to the Court Administrator praying that he be granted back salaries corresponding to the excess of the ninety (90) days preventive suspension and the penalty meted against him.

In Re: Initial Reports on the Grenade Incident that Occurred at about 6:40 A.M. on December 6, 1999 Submitted by DCAs Zenaida Elepa�o and Reynaldo Suarez, [2] cralaw it was held viz:

xxx Since she has been under indefinite suspension for more than a year, this penalty of suspension can now be considered as having been fully served and her reinstatement should thus be in order. She is not entitled, however, for the payment of back salaries for her interim suspension beyond the one-year period, the prevailing precept being that a public official would not be entitled to any compensation for service that is not actually rendered unless the suspended employee is later declared totally innocent of the charges.

Clearly, therefore, respondent, who had been found guilty of the charge filed against him is not entitled to any compensation for service that is not actually rendered.

IN VIEW OF THE FOREGOING, respondent's Letter dated July 30, 2003 addressed to the Court Administrator, claiming that he is entitled to backwages corresponding to the excess of the periods of preventive suspension and the meted penalty, is DENIED for lack of merit.

Very truly yours,

(Sgd.)VIRGINIA ANCHETA-SORIANO
Clerk of Court



Endnotes:

[1] cralaw Letter dated July 1, 2003 of Acting Clerk of Court Irene P. Fueconcillo of Municipal Trial Court in Cities, Nueva Ecija to the Clerk of Court of the First Division of this Court.

[2] cralaw 419 Phil. 267 (2001), citing Sales v. Mathay, Sr., G.R No. L-39557, 3 May 1984, 129 SCRA 180.


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com